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<br />e <br /> <br />360.09 <br /> <br />e <br /> <br />tit <br /> <br />Snbd. 1. Obtaining a Right-of-Way permit does not relieve permittee of the duty to <br />obtain all other necessary permits, licenses, franchises or other authorizations and to <br />pay all fees required by the City, any other City, County, State, or Federal rules, laws <br />or regulations. A permittee shall comply with all requirements of local, State and <br />Federal laws, including Minn. Stat. 99216D.OI-09 ("One Call Excavation Notice <br />System"). A permittee shall perform all work in conformance with all applicable <br />codes and established rules and regulations, and is responsible for all work done in <br />the Right-of-Way pursuant to the permit, regardless of who performs the work. <br /> <br />A. Except in the case of an emergency, and with the approval of the City, no <br />Right-of-Way obstruction or excavation may be performed when seasonally <br />prohibited or when conditions are unreasonable for such work. <br /> <br />B. A permittee shall not so obstruct a Right-of-Way that the natural free and <br />clear passage of water through the gutters or other waterways shall be <br />interfered with. Private vehicles may not be parked with or adjacent to a <br />permit area. The loading or unloading of trucks adjacent to a permit area is <br />prohibited unless specifi~ally authorized by the permit. <br /> <br />Denial of Permit. The City may, in accordance with Minn. Stat. 9237.163, Subd. 4, <br />deny any application for a permit as provided in this Chapter. <br /> <br />Subd. 1. Mandatory Denial. Except in the case of an emergency, no Right-of-Way <br />permit will be granted: <br /> <br />A. To any person required by this Chapter to be registered who has not done so; <br /> <br />B. To any person required by this Chapter to file an annual report but has failed <br />to do so; <br /> <br />C. For any Next-year Project not listed in the construction and major <br />maintenance plan required under this Chapter unless the person used <br />commercially reasonable efforts to anticipate and plan for the project; <br /> <br />D. For any project which requires the excavation of any portion of a Right-of- <br />Way which was constructed or reconstructed within the preceding five (5) <br />years; <br /> <br />E. To any person who has failed within the past three (3) years to comply, or is <br />presently not in full compliance, with the requirements of this Chapter; <br /> <br />F. To any person as to whom there exists grounds for the revocation of a permit <br />under this Chapter; and <br /> <br />G. <br /> <br />If, in the discretion of the City, the issuance of a permit for the particular date <br />and/or time would cause a conflict or interfere with an exhibition, celebration, <br />festival, or any other event. The City, in exercising this discretion, shall be <br />guided by the safety and convenience of ordinary travel of the public over the <br /> <br />360 - 13 <br />